In Re O'Day

DORAN, Acting P. J.

The present appeal is denominated one “from the findings of the Court that each of these juveniles were delinquents and from the orders of the Court finding them to be wards of the Juvenile Court.” It is to be noted, however, that although appellants were determined to be wards of the court, there was no finding that any of the minors were juvenile delinquents.

On December 17, 1946, petitions signed by a police officer were filed, alleging that the appellants were under 21 years of age, and were persons having “no parent or guardian or guardian actually exercising such proper parental control,” in the language of subdivision (b) of section 700 of the Welfare and Institutions Code, governing juvenile court procedure. These petitions alleged, among other things, that the four girls “have been living in the home of the parents and at the present time the father is under arrest on a charge of violation of 288 P. C. having been accused by Patsy Jane, age 14, Marion, age 12, and Thelma Jean, age 11 of committing lewd and lascivious' acts upon their persons. Carol Francis has not been molested sexually but her life has been threatened upon several occasions by her father and all four of these little girls have been threatened with great bodily harm by the father if they reported any of his activities to the authorities.”

The petitions were heard before a referee on December 26, 1946, January 9, 16, 30, 1947, and February 6, 1947; the referee’s findings and recommendations were approved and on February 6, 1947, the judge declared appellants to be wards of the juvenile court, and committed each child to a probation officer to remain in juvenile hall until no longer needed as a witness against the father. Thereafter, further hearings were held; on April 17, 1947, it was ordered that the minors remain in custody of the probation officer in the home of the mother. On June 16, 1947, after the father had been convicted, however, the judge found that the welfare of each minor required that custody be taken from the mother, that Patsy be placed in

[341]

the Convent of the Good Shepherd, and that the other minors should remain in juvenile hall pending suitable placement. The same legal points are involved in all four cases; evidence was taken together, and appellants ’ brief treats the four cases as one.

According to the appellants’ brief, the main contention on this appeal is that appellants were denied “the right to have counsel.” In this connection reference is made to the stenographic transcript of a hearing before the juvenile court held on June 2, 1947, which discloses the following: